Klotz: The city never notified me of anything’

Local landlord Timothy Klotz said Tuesday that he registered several of his city properties last year, but the fire department never followed up with inspections.

Klotz paid $80 following a June 2008 court order to register his buildings at 1617 and 1620 Oneida St. The city cashed those checks, but Utica Fire Department officials said Tuesday despite numerous phone attempts, they weren’t able to reach Klotz to set up an inspection time.

JENNIFER FUSCO and DAN MINER

Local landlord Timothy Klotz said Tuesday that he registered several of his city properties last year, but the fire department never followed up with inspections.

Klotz paid $80 following a June 2008 court order to register his buildings at 1617 and 1620 Oneida St. The city cashed those checks, but Utica Fire Department officials said Tuesday despite numerous phone attempts, they weren’t able to reach Klotz to set up an inspection time.

Not so, said Klotz.

“They never notified me of anything,” he said.

Klotz spoke to O-D reporters briefly Tuesday in his attorney Michael Cancilla’s office. Klotz said he hasn’t done anything wrong and the media has been unfair in its coverage of the Sept. 20 fatal fire at the 102 James St. building — which he owns.

Then he lowered his head and began to cry.

Cancilla would not provide the O-D with copies of Klotz’s canceled checks from the Oneida Street registrations, but he let reporters look at the records in his office.

Fire officials stood by their story that they contacted Klotz numerous times to set up an appointment to get his properties inspected.

In fact, Melissa Arcuri, administrative assistant for the Utica Fire Department, said she keeps a log of calls made to landlords about getting buildings inspected.

After Klotz’s paperwork and checks were received for the two Oneida Street properties, Arcuri said she called Klotz repeatedly to set up inspection appointments.

All calls went unreturned, she said.

Klotz said he never received those calls.

“Nothing was ever followed up on,” he said.

James St. property

The O-D reported last week that the city failed to act in July 2008 when Klotz didn’t respond to a court order to register the James Street property for a fire inspection.

Fire officials said they did not pursue Klotz because the department had no procedures to monitor the status of such cases. Representatives of the Corporation Counsel’s Office, which oversees Utica’s court cases, have refused to comment.

But on Tuesday, Klotz said he gave the city a check for $240 to register his 102 James St. building, but the city never cashed it.

Arcuri said the check wasn’t cashed because it never was received.

“There is no record anywhere,” Arcuri said.

Cancilla pointed to gaps in the city’s inspections process and said the blame is being unfairly pinned on Klotz.

“They’re not following up on anything they’re doing,” Cancilla said. “It was nobody’s fault. It was an accident.”

Utica Fire Chief Russell Brooks said that’s simply not true. One of Arcuri’s main responsibilities is setting up appointments for fire inspections.

“I’m sure she didn’t give him a pass,” Brooks said.

‘Non-guilty plea’

On Monday, Klotz pleaded guilty in City Court to not registering three of his properties and was fined $1,500. Included in that was a guilty plea for 1215 Whitesboro St.

After the court appearance, Klotz said he found out he actually had registered the Whitesboro property. Arcuri confirmed that Tuesday evening.

Cancilla said he plans to challenge the Whitesboro Street property issue Monday when he returns to City Court.

“I’m going to ask the judge if he can withdraw his guilty plea and enter a non-guilty plea,” Cancilla said.